US Army V. Captain, (Rape, Article 120)

Fort Leonard Wood Missouri

Client was charged with the Forcible Rape and Aggravated Sexual Assault of his wife. This case was unique in several aspects. First, this was a spousal rape case. Second, this was a case that was solely investigated by civilian law enforcement. There was absolutely no military police or CID involvement whatsoever. Third, the alleged victim never called the cops. Fourth, this marriage was in its 10 month after only a 3-month courtship and engagement. Lastly, there was a 40-minute video taped confession that Client gave to law enforcement. In spite of this confession, Mr. Jordan and his team secured a verdict of NOT GUILTY!

This case starts on a Monday morning where Client had morning sex with his wife. Unfortunately, during foreplay, he decided to use the word “rape” in his routine morning dirty talk. It was not until Monday evening that he found out that there was an issue with the language he used. Apparently the word “rape” was a trigger word for the alleged victim. She began to attack him with the language he used. The next day he wrote an apology letter to his wife specifically apologizing for the words he used. But that was not enough for his wife. The alleged victim called and notified her friend in Colorado. Her friend worked for the State of Colorado Correctional Department and was thus a mandatory reporter. The alleged victim then spent the rest of the week badgering and attacking him calling him her father and stating that he raped her.

Her friend, the mandatory reporter, called the local police to do a health and welfare check, at around midnight on Thursday. This is 4 days after the alleged incident. Upon arrival, Client tells law enforcement, “I am going to lay it out on the line “for her”…and he proceeded to state that he forced himself on his wife. He was arrested and taken to the station for questioning where he proceeded to state that he forced himself on his wife.

There are several key things that happened at trial. First, Mr. Jordan set the stage early for the trial. During the panel selection process he asked the following questions: a) Have any of you talked dirty to your spouse or significant other prior to having sex; b) Have you ever received mixed signals from your spouse causing a brief conflict between the tow of you?; c) Have you ever admitted to anything that was not true; d) Have you ever agreed with your spouse when you in fact disagreed just to end the argument? These 4 questions among many others set the tone for how this trial was going to progress. Second, the direct testimony of the alleged victim came off like a horrible theatrical production. It was very contrived and forced. Third, Mr. Jordan effectively crossed examined the alleged victim. He talked about the short courtship. He questioned her about the break up during the time she dated Client. He pinpointed her on a key piece of evidence. “Did you date another man while engaged to my client?” The answer was no. Through another witness, Mr. Jordan hammered home to the panel that the alleged victim lied on the stand about this question. The alleged victim was in fact dating another man. If she would lie about this, what else would she lie about? Fourth, Mr. Jordan and his team effectively prepared their Client to testify. The Client told his story. And it was the Client’s story, coupled with the effective cross-examination of the alleged victim that secured victory in this case